4. Evaluating the preventive measures
4.8 Conclusions
4.8.4 The outcome of the evaluation of the preventive measures
By analysing the international conventions addressing human trafficking I have come to the following conclusion:
Historically, female victims of trafficking and sexual exploitation have meet little understanding and therefore subsequently been arrested and deported when encountered by governmental authorities and officials. As has been concluded in this thesis, this is a most undesirable pattern of behaviour and has served to make the system of trafficking and debt-bounded sexual exploitation easier to maintain.
However, when analysing the international conventions addressing human trafficking I have found evidence suggesting that there seems to be an international legal and political consensus that victims of trafficking are to be assisted and protected, and not arrested and deported. For example, the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1949) clearly states that countries are to provide victims of trafficking temporary assistance. Likewise, the Beijing Platform for Action, developed at the Fourth World Conference on Women (1995), requires states and international organisations to take appropriate measures to protect trafficked women and girls.
In addition to this, the Special Session on the UN General Assembly on Beijing +5 led to recommendations that further encourage countries to provide assistance and protection to victims of trafficking. Finally, the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000) clearly states that victims of trafficking are no longer to be seen as criminals but as victims of crime who are to be protected regardless of the consent of the victims. There are also indications that the treatment of victims actually has improved during the last years and several countries have started to grant encountered victims some form of residency status. Evidently, this is a most welcomed change and stands in direct line with the theoretical and empirical outcome and conclusions of this thesis.
However it is important to notice that this change in attitude and treatment of victims of trafficking is first and foremost a result of an increasing will to protect the human rights of the victims and not due to an increased understanding of the economic incentives and the system of debt-financed migration fundamental to the business of human trafficking. Hence, I have not found any evidence suggesting that states and other parties have taken into consideration the economic principles that the trafficking business rests upon when developing international and national conventions, laws and practices to deal with trafficking in women and children for the purposes of sexual exploitation. Although, the result can indeed be the same.
Finally, it is important to keep in mind that the effect of this change has yet to be determined and so fare there is no proof suggesting that countries that have taken on more lenient deportation policies have seen a drop in the inflow of trafficking victims.
By analysing the actions of the United Nations I have come to the following conclusion:
Several UN agencies, such as the United Nations Office for Drug Control and Crime Prevention, the Office of the High Commissioner for Human Rights and the United Nations Development Programme, take part in counter trafficking activities and promote more efficient assistance and protection of victims. Clearly, these are efforts that can make victims more prone to deflect from their exploitive working conditions and thus undermine the system of debt-bounded migration and sexual exploitation. However, this outcome is also depending on that the governments of the receiving countries stop treating victims as illegal migrants.
By analysing the actions of the European Union and the United States of America, I have come to the following conclusion:
The European Union has taken several initiatives to assist and protect victims of trafficking and has recognised the importance of not arresting and deporting encountered victims.
Accordingly, several member countries have adopted more lenient deportation policies and grant victims some form of temporary residence status.
The USA has gone even further and the Trafficking Victims Protection Act is the most fare reaching and comprehensive legal initiative taken to grant victims of trafficking a legal and protected status. Hence, if encountered victims qualify as trafficking victims they can apply for a so called T visa and will then be entitled to housing or shelter, food, income, employment, English language training, health care and witness protection. The T visa is valid for three years and the victim can than receive a permanent residency status. Clearly, this corresponds directly with what the theoretical model of this thesis advocates as good counter trafficking policy.
However, once again I can only conclude that it is too soon to see the effect of these policies on the behaviour of the trafficking organisations.
By analysing the laws, programmes and policies that address the demand for commercialised sex I have come to the following conclusion:
The Swedish Violence Against Women Government Bill, has indeed proven to have a restrictive effect on the number of sex buying men as well as on the actions of the trafficking organisations. Hence, the prohibition of the purchase of sexual services has made it more difficult to attract customers and has also increased the cost of running businesses of commercialised sex in Sweden. This have made trafficking organisations to target other non-prohibiting countries instead, which clearly indicates the need of an harmonized legislation in the region. This development stands in stark contrast to the development in countries that have chosen to legalise their prostitution. Clearly, these countries have seen an significant increase of their legal and illegal sex industries and have also been more targeted by trafficking organisations.
From an economic perspective, one possible explanation for this development could be that the price elasticity of demand for prostitution is elastic and that legalisation increases the competition on the market for prostitution and therefore lowers the prices. Hence, an elastic demand would in this case render in an increased demand for prostitution larger than is given by the relative reduction in price and therefore bring about an expansion of the sex industry.
Further, following the same reasoning as in the case of Sweden, legalising prostitution will make the market for prostitution more profitable by lower the cost associated with running the businesses providing prostitution and make it more easy to advertise and attract customers.
However, the available evidence do not suffice at present to verify these hypotheses.
Nevertheless I believe it is safe to conclude that laws, policies and initiatives that serve to reduce men’s use of women and children in prostitution indeed restrict the actions of the trafficking organisations.
4.8.5 Some personal critical reflections and suggestions of future research
Clearly, there are conventions, legislation and practices in place that grants victims of trafficking and sexual exploitation assistance, protection, a legal status and in some cases even the possibility to legally work in the receiving country into which they have been trafficked. These are all much welcomed initiatives that can serve to make it harder for the trafficking organisations to exploit the illegal status of the trafficking victims and maintain the system of debt-financed migration and debt-bounded sexual exploitation.
However, it is my strongest belief that this desirable outcome will not be a reality if not the responsible parties manage to deliver the information of the more lenient deportation policies and the right to protection and assistance to the victims themselves. Hence, in order for the policies described above to result in the outcome described by the theoretical model of this thesis, the women and the girls subject to the sexual exploitation must somehow be informed about their rights in order to encourage them to deflect from their exploitive working conditions and reveal their existence to the authorities. This is a condition that the creators of the model used in this thesis have foreseen. Evidently, several possibilities are available such as information campaigns targeting women and girls at risk in the sending countries, such campaigns are already undertaken with the purpose of warning potential victims of the risk of trafficking. These campaigns could easily be extended also to include information on how to deflect from traffickers and brothel owners and seek help from the authorities. Further, posters could be put up and information broachers be handed out at checkpoints, border crossings, airports, train stations and in areas where commercial sex usually takes place.
These are all practices that to some extant are already in place, but could indeed easily be extended and more supported. Finally, some sending countries have used the media to reach out to potential victims of trafficking, once again this is a practice that can be used also in the receiving countries to reach out to already trafficked and exploited victims. The best practise has yet to be determined and I would like to suggest future research to cover this question.
Further, it could also be stated that more lenient deportation policies can lead to that the trafficking organisations and brothel owners keep stricter control of their victims and therefore even worsen the situation for and exploitation of the victims. Once again I can only conclude that it is too soon to see the effect of these policies and I therefore suggest future research to return to this question.
Finally, the effect of legalisation of prostitution on the economic conditions of the market for prostitution arises many questions that need to be answered. For example, does legalisation increases the competition and lowers the prices? If so, does this lead to fewer but larger and better organised actors or to smaller and perhaps more specialised actors?
It is therefore my conclusion and over all belief that research on trafficking and prostitution in the future also must be undertaken from an economic perspective if we truly are to be able to reveal all the mechanisms leading to trafficking in women and children and be able to find efficient counter trafficking measures.
I would finally like to thank the reader for showing an interest in my analysis and I hope you have enjoyed reading my thesis.
References
Books:
Barry (1979) Female Sexual Slavery, New York: Routledge
Chin, Ko-lin (1999), Smuggled Chinese, Temple University Press, Philadelphia.
Davies (1994), Migrant Smuggling and Trafficking in Persons, New York Oxford University Press
Enloe (1990) Bananas, Beaches and Bases: Making Feminist Sense of International Politics, Berkeley, University of California Press.
Enloe (1990) Bananas, Bases and Patriarchy” in “Women, Militarism, and War: Essays in History, Politics, and Social Theory eds. Jean Bethke Elshtain and Sheila Tobias, Totowa, N.J Rowman and Littlefield.
Enloe (1998) Beyond Rambo: Women and the Varieties of Militarised Masculinity in Women and the Military System, ed. Eva Isaksson, New York, St Martin’s Press.
Enloe (1983) Does Khaki Become You? The Militarisation of Women’s Lives, Boston, South End Press.
Enloe (1991) A Feminist Perspective on Foreign Military Bases in The Sun Never Sets:
Confronting the Network of Foreign U.S. military Bases, eds. Joseph Gerson and Bruce Birchard, Boston, South End Press.
Enloe (1993) The Morning After: Sexual Politics at the End of the Cold War, Berkeley, University of California Press.
Enloe (1992) It Takes Two” in “Let the God Times Roll: The Sale of Women’s Sexual Labour Around U.S. Bases in the Philippines, Okinawa and the southern part of Korea, eds.
Strudevant and Stoltzfus, New York, New York Press.
Finkenauer, J. O. (2001) Russian Transnational Organized Crime and Human Trafficking, in Kyle, D. and Koslowski, R. (eds.) (2001) Global Human Smuggling: contemporary
perspectives, Baltimore: The Johns Hopkins University Press
Kyle, D. and Koslowski, R. (eds.) (2001) Global Human Smuggling: contemporary perspectives, Baltimore: The Johns Hopkins University Press
Moon (1997) Sex Among Allies: Military Prostitution in U.S.-Korea Relations, New York, Columbia University Press.
World Bank (2001) Engendering Development, New York, Oxford University Press.
Articles:
Altink (1993) Stolen Lives. Trading Women into Sex and Slavery. London: Scarlet Press.
Biemann, U. (2002), Remotely sensed: a topography of the global sex trade, Feminist review 70/2002.
Amnesty International (2004) Kosovo: Facts and figures on trafficking of women and girls for forced prostitution in Kosovo.
Anderson. B and Davidson. J (2002) Trafficking –a demand led problem? A multi-country study.
Apap. J, Cullen. P and Medved. F (2002), Counteracting Human Trafficking: Protection the Victims of Trafficking,
Bertone. A. M. (2000) Sexual Trafficking in Women: International Political Economy and the Politics of Sex, Gender Issues 18, 1 (2000).
Becker, G. S. (1968) Crime and Punishment: An Economic Approach, 3 (1968) Journal of Political Economy.
Bjorling, S. (2001) Gatuprostitutionen minskar I Stockholm, Dagens Nyheter 010216 Corrin, C. (2000) Local Particularities- International Generalities: Traffic in Women in Central and South Eastern Europe.
Daley, S. (2001) New Rights for Dutch Prostitutes, but No Gain. New York Times, August 12/2001.
Ekberg, G. (2004) The Swedish Law That Prohibits the Purchase of Sexual Services, Best Practices for Prevention of Prostitution and Trafficking in Human Beings,
Violence Against Women, Vol. 10, No. 10, October 2004.
Ethnic and Racial Studies (March 1998) Masculinity and Nationalism: gender and Sexuality in the Making of Nations.
Friebel, G. and Guriev, S. (2002) Human Trafficking and Illegal Migration.
Gijsberst van Liemt (2003) Human Trafficking in Europe: an Economic Perspective.
Global Survival Network (1997) Crime and Servitude: An Expose in the Traffic in Women for Prostitution from the Newly Independent States.
Gustafsson (2003) Economic theory and organised crime, a study of trafficking in women for the purpose of sexual exploitation, Bachelor Thesis, University of Lund, Department of Economics.
Graycar, A. (1999) Trafficking in Human beings.
Gender Issues, January 1, 2000, Sexual Trafficking in Women: International Political Economy and the Politics of Sex.
Human Rights Watch (2002) Hopes Betrayed: Trafficking of Women and Girls to Post-Conflict Bosnia and Herzegovina for Forces Prostitution.
Hughes, Donna M, Chon Katherine Y and Ellerman Derek P (forthcoming), Modern-Day Comfort Women: The U.S. Military, Transnational Crime, and the Trafficking of Women.
Hughes. D. M.
-(1996) Sex tours via the Internet. In Agenda: A Journal about Women and Gender.No 28 -(2002) The Use of New Communications and Information Technologies for Sexual Exploitation of Women and Children, Hastings Women’s Law Journal Vol 13:1 (2002).
-The Sex industry and Internet Industry: Partners in the Globalizing of Sexual Exploitation
-(2002a) Trafficking for Sexual Exploitation: The Case of the Russian Federation Heckmann, F. (2003) Methodological Problems in the Study of Illegal Migration.
International Organisation for Migration
- Trafficking in Migrants Bulletin, N 28 December 2003.
-(2003) Is Trafficking in Human Beings Demand Driven? A Multi-Country Pilot Study, IOM Migration Research Series No. 15
-(Nov 2002) Journeys of Jeopardy: A Review of Research on Trafficking in Women and Children in Europe, IOM Migration Research Series no. 11
- (2002) Return and Reintegration Project, Situation Report-February 2000 to September 2002, IOM Kosovo.
-(1995) Trafficking and Prostitution: The Growing Exploitation of Migrant Women from Central and Eastern Europe, Migration Information Programme.
-(1998) International Organization for Migration, Information Campaign Against Trafficking in Women from Ukraine-Research Report, IOM Geneva Switzerland.
International Labour Organisation (2000) Trafficking in children and women: A regional overview.
Inter-Agency Standing Committee (2002) Task-force on protection from sexual exploitation and abuse in humanitarian crises. Plan of Action.
Journal of International Affairs, Spring 2000, The Natasha Trade: The Transnational Shdow Market of Trafficking in Women.
Long, L. D. (2004) Anthropological perspectives on trafficking of women for sexual exploitation, International Migration 42 (1) 2004.
Levchenko, K. (1999) Combat of Trafficking in Women and Forced Prostitution-Ukraine-Country Report, Ludwig Boltzmann Institute of Human Rights, Vienna
Laczko, F. and Gramegna, M. A. (2003) Developing Better Indicators of Human Trafficking, Brown Journal of World Affairs
Miko, F.T. (2004) Trafficking in Women and Children: The U.S. and International Response, Congressional Research Service Report for Congress.
Mameli, P. A. (2002), Stopping the Illegal trafficking of human beings: How transnational police work can stem the flow of forced prostitution, Crime, Law and Social Change, 38 (1) 2002, Kluwer Academic Publsihers, The Netherlands.
Monzini, P. (2001) Trafficking in Women and Girls and the Involvement of Organised Crime, with reference to the situation in Central and Eastern Europe.
McInerny. T. (2000) People smuggling- an inhuman trade.
National Criminal Investigation Department (2004) Trafficking in human beings for sexual purposes: Situation report No. 6, January 1-December 31, 2003, Stockholm.
O’Neill Richard, Amy (1999) International Trafficking in Women to the United States: A Contemporary Manifestation of Slavery and Organized Crime, Center for the Study of Intelligence.
Pettman, J. J. (1997) Body politics: International Sex Tourism, Third World Quartely 18 (1) 1997.
Raymond, J. G. (2004) Prostitution on Demand, Legalizing the Buyers as Sexual consumers, Violence Against Women, Vol. 10, No. 10, October 2004.
Raymond, J. G. (2002) The New UN Trafficking Protocol, Women’s Studies International Forum, Vol. 25, No 5, Elsevier Science Ltd, USA.
Raymond. J. G., Hughes. D.M. and Gomez. C. J. (2001) Sex Trafficking of Women in the United States, International and Domestic Trends, Coalition Against Trafficking in Women.
Ruggiero, V. (1997) Trafficking in Human Beings: Slaves in Contemporary Europe, International Journal of the Sociology of Law 25/1997.
Sullivan, M. and Jeffreys, S. (2001) Legalising prostitution is not the Answer: The example of Victoria, Australia, Coalition Against Trafficking in Women (Australia).
Stoecker. S. W. (2000) The Rise in Human Trafficking and the Role of Organized Crime.
Sipaviciene, A. (2002) Du kommer att säljas som en docka, NIKK magasin 1/2002.
Salt, J. (2000) Trafficking and Human Smuggling: A European Perspective, International Migration, Special Issue 2000/1, ISSN 0020-7985.
Smith, L. and Mattar, M. (2004) Creating International Consensus on Combating Trafficking in Persons: U.S. Policy, the Role of the UN, and Global Responses and Challenges.
Schloenhardt, A.
- (1999) Organised Crime and The Business of Migrant Trafficking,
- (2001) Trafficking in Migrants: Illegal Migration and Organized Crime in Australia and the Asia Pacific Region, International Journal of the Sociology of Law 29/2001.
- (2003) Migrant Smuggling: illegal Migration and Organized Crime in Australia and the Asia Pacific Region. The Hague/New York: Kluwer Law International.
Swedish Ministry of Foreign Affairs, Department for Asia and the Pacific (2001) Trafficking in Women and Children in Asia and Europe, A background presentation of the problems involved and the initiatives taken. XBS Grafisk service.
Swedish Department for Global Development (2003), Poverty and Trafficking in Human Beings: A strategy for combating trafficking in human beings through Swedish international development cooperation. Edita Västra Aros, Sweden.
Salt, J. and Stein, J. (1997) Migration as a Business: The Case of Trafficking, International Migration Vol. 35 (4) 1997, Blackwell publishers Ltd, Oxford, UK.
Skeldon. R. (2000) Trafficking: perspective from Asia, International Migration 32/2000.
Secretariat of the Budapest Group (1999) The Relationship between Organised Crime and the Trafficking in Aliens.
Taylor, I. and Jamieson, R. (1999) Sex trafficking and the mainstream of market culture, Crime, Law and Social Change 32/1999, Kluwer Academic Publishers, the Netherlands.
Tiggeloven, C. (2001) Child Prostitution in the Netherlands.
Third World Quarterly (March 1997) Body Politics: International Sex Tourism.
The Foundation of Women’s Forum (1998) Trafficking in Women for the Purpose of Sexual Exploitation, Mapping the Situation and Existing Organisations Working in Belarus, Russia, the Baltic and the Nordic States.
The Foundation of Women’s Forum (1999) Crossing Borders Against Trafficking in Women and Girls.
United Nations Office on Drugs and Crime (2004) Global Programme against trafficking in human Beings, UNODC, New York Office.
United Nations Office For Drug Control and Crime Prevention (1999) Global Programme against trafficking in human Beings-An outline for action-.
UNICEF (2002) Trafficking in Human Beings in Southeastern Europe.
Weldes, J. (2004) Gender and Global Policing: Neoliberal Globalizing and the Transnational Sex Industry.
Conventions, legal documents and communications:
The United Nations Convention Against Transnational Crime (2000)
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000)
The Protocol Against he Smuggling of Migrants by Land, Sea and Air (2000)
The Protocol Against he Smuggling of Migrants by Land, Sea and Air (2000)